ILR refused (322 1A) *Please Help*

[Beela]

Hi Guys,

I am really in need of any advice anyone can give me in relation to a spousal visa application for indefinite leave being refused under one of the general grounds for refusal (Paragraph 322 1A) - submitting a false document.

I am the Spouse of the Applicant, and I am a British Pakistani, married to a Pakistani national. My husband has been residing in the UK since 2012, he has no criminal background, has been paying NI and Tax. He is of good character but unfortunately this has turned our whole world upside down, especially mine as I am NOW 20 weeks pregnant with a child that may or may not have complications.

My solicitor was sent the refusal around the 12th Feb 2018 and we have been in limbo since then. I am worrying constantly, as we have a mortgage to uphold, aswell as a baby on the way, and due to my husband now being classed as an overstayer - he is now unable to work.

Has anyone ever been in a similar situation? Or have you any advice that may help me. I would really appreciate your expertise.

Many thanks in advance.

[vinny]

What document(s) triggered the 322(1A)? Was it false?

[Beela]

The life in the UK test Vinny.

My husband has no right of appeal, which makes things extremely daunting for us. I just don't know what to do. I am at my wits end.

[vinny]

Did he not pass his life in the UK test? Was the submitted document false as they claimed?

[Beela]

As far as he was concerned it was "genuine" - but they've declared it counterfeit.

[vinny]

Can you give more details?
Exact wording of the refusal, after removing personal details, etc.?

[katanayi]

The life in the UK test Vinny.

Life in the UK exam centre sends pass details to the Home office directly, and the paper copy is just nominal to submit with the other documents.

You should contact exam centre because it is their fault. I feel you can pull them to court with all exam details which you have got in the email. you have better chances.

[vinny]

Moreover, it's possible for the UKVI to make a mistake.

When the appeal came before Judge Taylor there was no appearance by the Home Office. A letter from the Presenting Officers Unit apologised and blamed the absence on staff shortage. Judge Taylor proceeded to hear the appeal. Having considered all of the evidence Judge Taylor found that it "fell well short" of establishing any sort of fraud. He found as fact that Mrs Bibi had taken the test and that the certificate was genuine. The Secretary of State's refusal letter had acknowledged that Mrs Bibi could qualify for indefinite leave to remain on the basis of her 60 months' discretionary leave, and since the only ground for refusal under that head was the accusation of fraud, it followed that the appeal should be allowed on that basis.

[Beela]

Please find attached some of the wording used in the refusal letter.

As false documents have been submitted in relation to your application, it is refused under paragraph 322 (1A) and for the above reasons I am also satisfied that your client has used DECEPTION in this application.

This means that any future applications for entry clearance or leave to enter the UK you make will be refused under paragraph 320 (7B) of the immigration rules unless it would breach your rights under the Human Rights Act 1998.

Your application falls for refusal under paragraph 284 (ix)(a) and (ix)(b) of the immigration rules as you have submitted a life in the uk test, that cannot be verified on the verification system.

[vinny]

When did he take the test?

Can he ask the test centre to confirm that it's genuine?

[Beela]

I haven't got that information to hand as I am currently at work however I would like to know what the worst case scenario is for him IF the life in the UK test was non genuine. In my opinion he may have been led to believe it was genuine only to submit it, and find out that it wasnt?

[vinny]

The test centre should know whether he passed the correct test or not.

If it's really a false document, then he would have problems under 320(11), not under 320(7B), in the future, if he had to apply for entry clearance. This may be worst than 320(7B) because there's no actual time limit on it.

If he did not actually pass the test, then he should have simply extended his leave, until such time as he can pass the test or after 15 years with leave as a spouse.

Let's hope that the document is genuine and that the test centre can confirm that it is genuine.

[Beela]

He believes it to be genuine, and I have seen a copy of the document myself and can honestly say it looked genuine to me, that is why were baffled as to why we've had a refusal letter.

He has been in the country for 5 years, we never had any issues with the home office before until this was brought to light.

Due to the complications in my pregnancy, I have asked for my solicitor to submit a letter on behalf of my consultant explaining due date, and any complications related to my pregnancy. This is a very difficult time for me, and I feel that my husband being taken away is the last thing I need as I need him by my side. Surely they would leave some room for discretion here?

Also, what are his rights with regards to remaining in the country should the baby be born without any complications?

I do apologise in advance for the bombardment of questions.

[vinny]

Best is to try and get the test centre to confirm that it's genuine first.

The UKVI's verification system may be imperfect or someone may have mistyped something.

[Beela]

Yes I will get on to this immediately, just wanted to know what my options were. Thankyou for your replies.

[CR001]

You have not stated yet if your husband did actually and physically take/write the test himself from an approved LIUK centre??

There are places advertising as authorised, who are not. I have seen many such posters in windows of Off Licence shops.

Also, what date did he take the test and what date did he apply for ILR?

[vinny]

If he was a victim of fraud, then he should report this to the police.

[Beela]

CR001

I am asking for advice with relation to the worst case scenario; I wasn't with him when he took the test and I do believe it to be genuine but I am asking the question as to what if it wasn't a genuine test? Where do we stand.

[CR001]

If it isn't genuine, then it is a problem and deception will be imposed.

Has he contacted the test centre??

vinny has provided many useful links too.

[Beela]

Our solicitor has instructed us to send a letter from the consultant to bind time. I personally believe we don't have a chance to keep my husband in the country; and I am worrying now as I am pregnant and will only be able to work for another month or so, which then leaves me out of work.

[vinny]

Has he contacted the test centre??

Has he? Isn't this his obvious first step?

[vinny]

Why are you reluctant to respond to CR001's questions?

[vinny]

Moreover, what's the consultant's involvement?

[Beela]

Vinny,

I am not reluctant to answer any questions but unfortunately I have no paperwork at present, and have been instructed by my solicitor to keep calm as he has sent off the letter from the consultant detailing the pregnancy complications as to buy us more time to examine evidence etc. We will will have to wait for the HO to respond in order to know what our next steps are.

[vinny]

Oh. I see. The consultant is your doctor.

Yes. Do keep calm. Don't panic!